§ 34-50. Conditions declared as nuisances.  


Latest version.
  • The existence of any of the following conditions on any lot or other parcel of land within the corporate limits of the town is declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance:

    (1)

    The uncontrolled growth of noxious weeds or grass to a height in excess of 12 inches causing or threatening to cause a hazard detrimental to the public health or safety, including fallen trees and tree damage caused by storms.

    (2)

    Any accumulation of waste, animal or vegetable, such as, but not limited to waste material and refuse from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming houses and boardinghouses, and all other deleterious substances that are offensive by virtue of odors, vapors or by the inhabitance of rats, mice, snakes or vermin of any kind which are or may be dangerous or prejudicial to the public health.

    (3)

    Any accumulation of rubbish, garbage, trash or any material of any kind that has been discarded, rejected, cast aside, stored or thrown away as worthless or junk causing or threatening to cause a fire hazard or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitance of rats, mice, snakes or vermin of any kind which are or may be dangerous or prejudicial to the public health.

    (4)

    Any accumulation of trash or rubbish such as tin cans, paper, boxes, glass, wood, shrubs, yard clippings, leaves, tree trimmings and other deleterious substances on the premises of private residences, commercial institutions and in the streets which greatly increases the danger of fire and spread of infections, or contagious and epidemic diseases.

    (5)

    Any accumulation of construction or demolition debris such as bricks, concrete, lumber, scrap lumber, ashes, direct plaster, or large chunks of metal, such as automobile bodies, frames, stoves, refrigerators, beams or other metal materials. These shall not be stored, kept or placed upon any property unless prior arrangement for collection of such materials have been made and approved by the town.

    (6)

    Any accumulation of abandoned or deteriorated structures such as boats, dog houses, storage sheds or the like which greatly increase the danger of fire and spread infections, or contagious and epidemic diseases.

    (7)

    Any accumulation of pine straw, wood chips, grass clippings, bushes or yard debris which greatly increases the danger of fire or creates the inhabitance of rats, mice, snakes or vermin of any kind which are or may be dangerous to the public health.

    (8)

    Any condition detrimental to the public health which violates the rules and regulations of the county health department.

    (9)

    Any building or other structure which has been burned, or otherwise partially destroyed and which is unsightly or hazardous to the safety of any person, is a continuing fire hazard or which is structurally unsound to the extent that the town manager or his designee can reasonably determine that there is a likelihood of personal or property injury to any person or property entering the premises.

    (10)

    Any condition which blocks, hinders, or obstructs in any way the natural flow of branches, streams, creeks, surface waters, ditches, or drains, to the extent that the premises is not free from standing water.

    (11)

    The outside or outdoor use of any furniture originally designed or intended for interior use such as, but not limited to, couches, sofas, chairs, recliners or other like items.

    (12)

    Unsecured and deteriorated windows, doors or other openings in dwellings or structures that:

    a.

    Do not have water or other utility services;

    b.

    Are used or have been used by persons, not residents, as living quarters in the absence of sanitary facilities; or

    c.

    Are used or have been used for criminal activity.

    (13)

    The failure of the owner of developed or undeveloped land within the incorporated areas of the town to maintain stormwater conveyance facilities, such as waterways, streams, creeks, ditches, swales, channels, canals, conduits and culverts, and stormwater control facilities, such as ponds, lakes and other structural BMPs as defined in chapter 26, article III, within their property. The use of non-targeted herbicide application in the maintenance of stormwater conveyance facilities is prohibited.

(Code 2003, § 14-61; Ord. No. 09-28, § 1(exh. A), 12-17-2009; Ord. No. 12-12, § 1, 10-18-2012; Ord. No. 13-23, § 1, 10-17-2013)